2026-Ohio-2751
Ohio2026Background
- Cole Ditch runs through Licking and Franklin Counties, and a petition sought to improve it to reduce flooding; a joint board of commissioners convened and ordered the Franklin County Engineer to prepare reports, plans, and schedules after the first hearing. 1
- Colt's Neck Homeowners Association appealed the joint board's order to the Licking and Franklin County Courts of Common Pleas, and both courts dismissed the appeals. 2
- The Fifth District held Colt's Neck had no right to appeal the post-first-hearing order and that the matter was not ripe, while the Tenth District held the opposite and remanded for a joint judge panel. 3
- The Supreme Court accepted the appeal and conflict to decide whether a two-county panel was required, whether the order was appealable, and whether Colt's Neck had standing. 4
- The court also addressed whether the jurisdictional-priority rule barred the Franklin County action after Colt's Neck first filed in Licking County. 5
- The court affirmed, holding Colt's Neck was an affected landowner with standing and statutory authority to appeal, and that the appeal had to be heard by a panel of judges from Licking and Franklin Counties. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 6133.10(A) require a two-county judge panel? 7 | Colt's Neck said the appeal was not for damages, so a two-county panel was required. | The counties argued Colt's Neck's damages demand avoided panel jurisdiction. | Yes; a panel was required because no compensation or damages claim was appealed. 8 |
| Is an order after the first hearing appealable? 9 | Colt's Neck said R.C. 6131.25(A) allows appeal from any order. | The counties argued only dismissal or final orders are appealable. | Yes; any affected owner may appeal any order under R.C. 6131.25(A). 10 |
| Does Colt's Neck have standing as an affected owner? 11 | Colt's Neck claimed the order violated members' notice and hearing rights. | The counties argued Colt's Neck was not sufficiently affected. | Yes; Colt's Neck alleged a particularized injury as an affected owner. 12 |
| Does the jurisdictional-priority rule bar the Franklin County appeal? 13 | Colt's Neck first filed in Licking County, so Franklin County should have yielded. | The counties argued the first-filed Licking appeal controlled exclusively. | No; the rule is waivable/forfeitable and did not deprive Franklin County of power. 14 |
Key Cases Cited
- State ex rel. Phillips v. Polcar, 50 Ohio St.2d 279 (Ohio 1977) (first-in-time filing can control between courts of concurrent jurisdiction 15)
- State ex rel. Balson v. Harnishfeger, 55 Ohio St.2d 38 (Ohio 1978) (service of process is a condition precedent to jurisdiction in competing courts 16)
- In re Adoption of M.G.B.-E., 2018-Ohio-1787 (Ohio 2018) (jurisdictional-priority rule applies to concurrent courts with the same parties and same whole issue 17)
- Corder v. Ohio Edison Co., 2020-Ohio-5220 (Ohio 2020) (defines subject-matter jurisdiction as power to adjudicate a class of cases 18)
- State v. Harper, 2020-Ohio-2913 (Ohio 2020) (error in exercising jurisdiction renders a judgment voidable, not void 19)
- R.C. 6133.10(A) is discussed as the governing appeal provision; no case citation available, 0 (0) (excluded because statutes are not case authorities 20)